Electronic Cigarettes in the Workplace

You might have seen a lot of coverage recently regarding the
use of
Electronic cigarettes in the workplace, but why? It is perfectly legal
to use your electronic smoking device in the workplace, so what is the fuss
about?

It would seem that a growing number of employers and local
governments are putting a workplace ban on e-cigarettes despite there being no
legal reason to do so.

Since 2006 smoking of a traditional tobacco based device in
an enclosed or substantially enclosed public place, including the workplace,
has been banned under the Health Act 2006 and associated regulations. This ban
includes all manufactured and hand-rolled cigarettes, pipes and cigars.

The issue for employers though is that because e-cigarettes
are a battery powered device that vaporises a nicotine solution to replicate
smoking without the use of tobacco, they aren’t currently covered under the
Health Act. These devices do not give off smoke and so far all evidence
suggests they are not harmful to others.

Employers have an E Cigarette Dilemma

If the use of
e-cigarettes is not unlawful at work, should their employees that use them be
treated in the same way as normal smokers and be directed to the designated
smoking areas?

The users of e-cigarettes have been arguing that, as they
are not actually smoking, they have a right to be provided with a smoke-free
environment and should not be forced to be with tobacco smokers who’s habit is
known to constitute a health risk to others.

People using e-cigarettes are also arguing that by having
employers include them in a company-wide ban from smoking in the workplace,
even though their devices are not directly covered by the legislation applying
to normal smokers is being unsupportive of those who are using e-cigs as a
means of giving up smoking.

The NHS are just one of the employers who have decided to
include e-cig users in their smoking bans
, and a spokesperson for NHS Fife has
been quoted as saying that the NHS have identified “Potential fire and safety
risks.” And state in defence of their tough stance that "the heating
element provides a source of ignition similar to a traditional cigarette which
could ignite bedding or clothing."

The House of Commons is another high profile establishment
who has come down hard on the e-cig users, with the use of the device being
forbidden under the same rule that applies to traditional tobacco cigarettes.

ACAS has even had so many employers contact them that they released specific advice for employers in regards to e-cigarette use within
the workplace.

E Cigarettes and working from home

If a
local council bring in legislation regarding e-cigs in the workplace then
because we are working from our own property, are we are exempt?
Actually, no !

The Welsh government are hoping to bring the
use of e-cigs into line with current smoking bans by the end of 2016, meaning
that anyone who is caught vaping in their home while working (maybe even checking emails in bed!) could potentially be facing a hefty
fine.

Although the Public Health (Wales Bill) does not ban the use
of e-cigarettes and vaping in people’s homes or in prisons, if you work from
home during any hours that you are working, even if it is outside of normal
office hours you will not be able to use the devices as they will be banned in 'workplaces'.

Potentially there are instances where you could be found to be
breaking the law without meaning to while using the devices outside working
hours - Health minister, Prof Mark
Drakeford has quoted a series of scenarios where it would be down to a court
could decide you are breaking the law in your own home.

For example:

A member of the clergy or anyone working from
home who work ‘indefinable’ hours given the nature of their work, would not be
able to vape in the room if they are working, which as they work no clear
hours, could be at any time.

If you work from home between 9-5pm and take a
work call in your lounge at 8pm or check emails every 15 minutes your lounge
could be classed as a workplace – so the ban would apply.

When questioned about it, a Welsh Government spokesperson
stated, “The Bill sets out that workplaces are smoke-free all of the time, with
the exception of homes which are used as workplaces. Where part of a home is
used as a workplace, it is only to be smoke-free when used as a place of work.”

But also wanted to make it clear that “The owner or occupier of a
home that is a workplace would be permitted to smoke or use a nicotine inhaling
device when the premises are not being used as a place of work and are not open
to the public.”

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YOU MUST BE OVER THE AGE OF 18 YEARS TO BUY AND/ OR USE ANY VAPOUR2 OR V2 E-CIGS PRODUCT. Nicotine is a highly addictive substance derived from the tobacco plant, and V2 e-Cigs are not a cessation device. The products on this website do not treat, diagnose, or cure any disease, physical ailment, or condition and should not be used by anyone in conflict with applicable local law. If you are allergic to nicotine, propylene glycol or any combination of inhalants, if you are pregnant or breastfeeding, or if you have a heart-condition, diabetes, high blood pressure or asthma, you should consult your doctor before using Vapour2 nicotine products. E-liquid should not be swallowed, seek medical help if this occurs. Wash with warm soapy water if e liquid skin contact occurs. Lifetime warranty on batteries only applies in the USA.